Rights of other Family Members on House Property - Continuation
3 years ago
Old Question:
Dear Sir/Madam,
I would like to introduce myself as Sathish from Chennai, TamilNadu. I am raising this question to clarify my doubt on few things regarding the will on our House. We are a family(Hindu) of Four members (Father, Mother, Daughter (Elder) and Son (Youngest). My father passed away 5 years ago, he written his will and registered that will. As per his will, his house is for his wife (Mother) after his death and she can live and do whatever she want with the house but if she want to sell the house then signature of Daughter and Son also should be there (My father did this to ensure not to sell the House Forcefully (or) by any compulsion).
Now the problem is, Daughter of this family is feeding stray cats inside the house premises and the cats (Almost around 10 to 15 cats) are roaming inside the house and do the littering(Motion and Urine) all over the house like terrace, portico, Veranda even ground floor of the House. If the other member of the family ask the daughter to take care of Cat litter, she is not cleaning or taking care of it. Even if she is clearing, she is doing it after a long delay (like Weeks), till that time whole house stinks. Now the other member of the family asked the daughter to take the cats to Animal Foster home (or) any animal shelter (or) not to feed the cat inside the House, she is not bothered and picking a fight with the other members. We would like to know what all the options, other members is having to come out of this weird situation. Do we have any option to give her warning not to feed stray cat inside the house compound and to take care of cat litters inside the house premises on time. Please advise us how to proceed further to come out of this situation and make our house free of strays.
Thanking you in Advance.
New Question:
Thanks to Lawyers who have given me advice on to contact NGO's and Municipal Animal Control. My Question is,
1. Do other members can give any legal warning not to continue this kind of work inside the house because she is been doing this kind of work for almost a year for Dogs. Other members have contacted NGO's before and they took Dogs to Animal home as it became messy inside the house. Now she is doing the same with the cats. So to avoid this kind of work inside the house in future, can we give her any legal warning.
2. If we do complain with municipal animal control, do other members also face any consequences as we are all in the same house.
Please let me know.
Thank you in Advance.
1. We would not recommend serving her with legal notice for something as trivial as this, especially when she is not acting in contravention of any law. Her actions are for the benefit of another species and would likely be construed as a good deed by the Court. You may, however, file a complaint for nuisance under Section 268 IPC.
2. The animal control authorities will not concern themselves with humans, they deal exclusively with problem animals. However, if the daughter is present when they arrive, she might object to them and cause unnecessary problems.
We recommend that you try some form of alternative dispute resolution i.e. mediation or arbitration, so the other family members can express their grievances and explain how the daughter's actions are causing misery to all of them. She might be more inclined to listen if she understands that the problem is affecting the entire household.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
1. Unfortunately, a warning against the same would be futile as the daughter is also a resident of the house. She has a fundamental right to liberty and can do as she wishes, feeding stray animals is a selfless exercise and will receive protection under law. The best way to sort out this issue is by opting for mediation and finding a respected elder who she will listen to. As a last resort, you can file a complaint for nuisance under Section 268 of the Indian Penal Code.
2. No, the municipal animal control will deal with the animals, they are not concerned with human activity. While not strictly ethical, you can ask them to take the cats away in the daughter's absence, so she cannot object to the same. However, be ready to deal with the daughter's anger once she finds out.
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